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Trading as... (recycled name)

  • 30-07-2013 3:08pm
    #1
    Conba
    Registered Users, Registered Users 2 Posts: 143 ✭✭


    We've recently wound down (voluntarily and without debts) a not-for-profit company which, despite the difficulties in finding sustainability established a great name and strong brand.

    We're now in the process of 'rebooting' as a for-profit company under the New Frontiers programme and wonder what our options are in relation to our old name.

    Firstly, I believe it's not an option to reuse the old name (let's call it 'NFP Ltd')?

    Secondly, let's say our new company is ABC Ltd., can ABC Ltd register to trade as NFP? Would our bank account then have NFP in our account name? Effectively keeping our established brand and 'masking' the new name?

    Or would the CRO stop us of 'recycling' the old name for a Trading as?

    Alternatively, would it make more sense to use the old name as a product name (as we're expanding the product range in the new company). So, NFP would be a product of ABC, like Excel is a product of Microsoft.


Comments

  • #2
    jmcc
    Registered Users, Registered Users 2 Posts: 7,521 ✭✭✭jmcc


    I think that you would not be able to register the company name as the old company name. However you could register a business name so that the new company would effectively be trading under the old name (but without the Limited part of that old name). The New Frontiers programme should have a module on intellectual property/company names/trademarks etc.

    Regards...jmcc


  • #3
    dbran
    Registered Users, Registered Users 2 Posts: 2,094 ✭✭✭dbran


    Hi

    If both of the companies have directors in common, you might be able to register a company with the same name provided that the directors of the first company that is struck off gives permission for the name to be used by the second company.

    CRO may or may not allow this.

    Regards

    dbran


  • #4
    Conba
    Registered Users, Registered Users 2 Posts: 143 ✭✭Conba


    Thanks for the feedback. I was particularly interested in your reply dbran so I emailed the CRO and received this answer -

    "Once a company has been struck off either by Voluntary or Involuntary Strike Off the Name is protected for 20 years. The Directors can however apply to restore the company. See attached link to - Restoring a Company to the Register
    http://www.cro.ie/ena/administrativerestoration.aspx

    The name of a company dissolved through Liquidation is protected for 2 years from the date of dissolution – 2 years 3 months from the registration of the final documents."


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